Is everything backwards in the DR? Rent-to-own: Real Estate agent is useless

Yes, it's normal for a broker to pass this off onto a law firm in order to have a contract drawn up.

But...

A decent broker here will guide you through the process and help you retain a lawyer etc. They will be the middle-person and handle all the back and forth communications in order to make the process as painless as possible etc.

The DR has it's fare share of lazy and not very service orientated brokers as you're now unfortunately finding out.

I completely agree with Robert. Firstly, definitely get yourself a lawyer. The appointed lawyer is responsible for protecting your asset, having no lawyer is a foolish thing to do here. The lawyer will conduct due diligence which includes a background check on the developer and of course the title/deeds of the property.
Although it is perfectly normal practice for the agent to pass the paperwork onto a lawyer, be very careful what you sign. Legally, the paperwork should be in Spanish, although you can request a copy in English that should be notarized. Any paperwork you receive in Spanish should be checked thoroughly and as you do not speak Spanish, get somebody who speaks native Spanish to read this for you. If you have received both in English and Spanish, make sure they are the same. Obviously it is impossible to be identical word for word, but make sure it is as close as possible. Normally you will only be required to sign and return the Spanish copy.
The real estate agent should recommend you a reputable lawyer, but be very aware who you hire. It is actually better that you meet the lawyer in person, especially if you decide to give him power of attorney. It is very common here, especially in the smaller towns that the same lawyer represents both the vendor and the purchaser. We would generally consider this a conflict of interest, and I try to avoid this at all times when I have a client that is purchasing. I am not sure where you are purchasing, but if it is a small town then you might want to try and find out who the vendors lawyer is.
Best of luck in your new venture!

A couple of points:

As a general rule, don't give a power of attorney. You are better off having the paperwork signed in front of the consulate in or near your city, for all that it might be a pain and will cost more and take more time. Do a search for "power of attorney" on this forum for some horror stories.

Real estate agents will often refer legal matters to lawyers in the DR. This because, unlike in many countries, there is no 'standard' offer and acceptance agreement as you would see in, for example, Canada. Furthermore, your lease to own arrangement is outside the box and you want to make sure it's done properly. Were I your agent I would also refer you to counsel.

By all means, have your real estate agent refer you to a lawyer or three. But bear in mind that an agent's job is to close and they only get paid on deals that go through. A lawyer who burns a deal with an agent will likely not get a subsequent referral, while lawyers who smooth deals out will. You want a lawyer who will look out for YOUR interests, and sometimes that means going back to the drawing board on the deal. Not to say you need a lawyer to renegotiate for you, but you definitely need one who will make you aware of the risks inherent in any particular clause or omission.

I wouldn't use the same lawyer as the seller.

Congrats on your pending purchase, by the way! Let us know how it goes.

InsanelyOne said:

Thanks again for all your input. It's very helpful. Can anyone explain why they don't adopt a model similar to what I'm used to in the States? Where the real estate agent handles all of the legal crap and any costs are just built into the closing fees?

So in the DR you're on your own and have to look out for yourself and the real estate agent is more a bystander. It seems I have a long and frustrating road ahead of me to make this thing happen. Hope it's worth it.

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You have a lazy or not very competent real estate agent, don't assume they are all like this or this is the DR based on your limited experience and exposure.

I suggest you find someone that will work for you and that will make the process as painless as possible. Maybe then, your expectations will be met.

If you need a recommendation, email "curt@dr1.com".

InsanelyOne said:

Thanks again for all your input. It's very helpful. Can anyone explain why they don't adopt a model similar to what I'm used to in the States? Where the real estate agent handles all of the legal crap and any costs are just built into the closing fees?

So in the DR you're on your own and have to look out for yourself and the real estate agent is more a bystander. It seems I have a long and frustrating road ahead of me to make this thing happen. Hope it's worth it.

Click to expand...

As you have encountered, there are many 'real estate' agents who do not have the same level of professionalism as in the U.S, E.U or Canada. Another thing to realize is that real estate agents are not licensed in the Dominican Republic. Virtually anyone, from the motoconcho driver to the hotel manager, can be a 'real estate agent.'

At the same time, there are many qualified real estate agents who have sterling reputations you can rely upon. Reputations are the best way to evaluate an agent, IMHO. Check the reputation and if there is even a gray zone I would flee and focus on those who have the best reputations. They are the ones who can help you go through the steps properly to purchase property here.

...and it is worth it!

InsanelyOne said:

Thanks again for all your input. It's very helpful. Can anyone explain why they don't adopt a model similar to what I'm used to in the States? Where the real estate agent handles all of the legal crap and any costs are just built into the closing fees?

So in the DR you're on your own and have to look out for yourself and the real estate agent is more a bystander. It seems I have a long and frustrating road ahead of me to make this thing happen. Hope it's worth it.

Click to expand...

You're RE agent should give you a short list of recommended lawyers to use. RE is not a licensed business in the DR. I would be extremely vary of any agent in any country who wants to manage the legal paperwork for me. You should independently via your lawyer verify titles, planning permission (if app.), plot plans, covenants (if any) and assoc. regs (if app) to ensure that what you have seen and been told are correct, rights of current 'owner' to sell, embargo's, liens etc..

I hope you have a lawyer that is not also representing the interests of the selling party. We like to have a lawyer that is independent of the seller and the real estate broker or agent. You shouldn't communicate with your lawyer through the agent/broker.

InsanelyOne said:

Thanks again for all your input. It's very helpful. Can anyone explain why they don't adopt a model similar to what I'm used to in the States? Where the real estate agent handles all of the legal crap and any costs are just built into the closing fees?

So in the DR you're on your own and have to look out for yourself and the real estate agent is more a bystander. It seems I have a long and frustrating road ahead of me to make this thing happen. Hope it's worth it.

Click to expand...

In the US the bulk of the training required to become a licensed agent refers to Real Estate law. So therefore if there's no licensing, and obviously no training in the DR, would you want to take legal advise or documents from your RE agent?

I'm glad things are working better for you. Let us all know how it turns out.

Get then best lawyer yu can get. I am a Dominican and I purchased oct 2004 and it took almost four years Jan 2008 after full payment to get a Land title. When it comes to money trust no one.